Sec.20-440-1. Definitions

As used in sections 20-440-1 through 20-440-9 of the Regulations of Connecticut State Agencies:

(1) "Accredited" or "accreditation" when referring to an individual means that an individual has successfully completed the training requirements as set forth in section 20-440-7 of the regulations of Connecticut State Agencies or the refresher training requirements as set forth in section 20-441 of the regulations of Connecticut State Agencies, and has been issued a document of accreditation by the training provider;

(2) "Approved training provider" means any person who satisfactorily demonstrates through application and submission of course agenda, faculty resumes, training manuals, examination materials, and equipment inventory that he meets the minimum requirements established by section 20-440-8 of the regulations of Connecticut State Agencies;

(3) "Asbestos" means the asbestiform varieties of actinolite, amosite, anthophyl-lite, chrysotile, crocidolite and tremolite;

(4) "Asbestos Abatement" means the removal, encapsulation, enclosure, renovation, repair, demolition or other disturbance of asbestos-containing materials, but does not include activities which are related to (A) the removal or repair of asbestos cement pipe and are performed by employees of a water company as defined in section 25-32a of the Connecticut General Statutes or (B) the removal of nonfriable asbestos-containing material found exterior to a building or structure other than material defined as regulated asbestos-containing materials in 40 CFR 61, the national emission standards for hazardous air pollutants, as amended from time to time;

(5) "Asbestos abatement site supervisor" means any abatement worker employed by a licensed asbestos contractor who has been specifically trained as a supervisor in a training program approved by the department and who has been issued a certificate by the department;

(6) "Asbestos abatement worker" means any employee of a licensed asbestos contractor who engages in asbestos abatement, has completed a training program approved by the department and has been issued a certificate by the department;

(7) "Asbestos-containing material" or "ACM" means material composed of asbestos of any type and in an amount greater than one percent by weight, either alone or mixed with other fibrous or nonfibrous material;

(8) "Asbestos consultant" means any person who engages in any activity directly involved with asbestos consultation services and who has been issued a certificate by the commissioner and a license by the department;

(9) "Asbestos contractor" means any person engaged in asbestos abatement whose employees actually perform the asbestos abatement work and who has been issued a license by the commissioner;

(10) "Asbestos consultation services" means the inspection or evaluation of a building for asbestos hazards, including, but not limited to, the development of asbestos abatement plans, site inspections, air monitoring and provisions of industrial hygiene services related to asbestos abatement;

(11) "Certified" or "certification" when referring to an individual means that a certificate has been issued by the department under the provisions of sections 20-440-1 through 20-440-9 of the regulations of Connecticut State Agencies to an individual upon successful completion of an approved training or refresher training course, the receipt of a document of accreditation issued by the training provider, and the fulfillment of any other requirements of the department;

(12) "Commissioner" means the commissioner of the department of public health;

(13) "Department" means the department of public health;

(14) "EPA" means the United States Environmental Protection Agency;

(15) "Facility" means the interior and exterior of any private or public building or structure including but not limited to those used for institutional, residential, including single family homes, commercial or industrial purposes and vessels while ashore or in dry dock;

(16) "Facility owner" means the person or entity having title to the facility. For purposes of publicly owned property only, the facility owner shall be defined as the chief executive officer of the federal, state or municipal agency which owns or controls the use of the facility;

(17) "Friable asbestos-containing material" means any material containing more than one percent asbestos which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent, that when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure;

(18) "High efficiency-particulate air" or "HEPA" means a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 micrometer in diameter or larger;

(19) "HVAC" means heat, ventilation and air conditioning;

(20) "Individual" means any human being;

(21) "Inspector" means any licensed asbestos consultant who is certified as an inspector, and identifies, assesses the condition of, or collects bulk samples of suspected asbestos-containing material;

(22) "License" means a document issued by the commissioner authorizing an asbestos contractor to engage in asbestos abatement work, or an asbestos consultant to engage in any activity directly involved with asbestos consultation services for which the asbestos consultant is certified. Licensure as an asbestos consultant shall authorize the licensee to engage in activities within the scope of the licensee's certification which includes inspector, management planner, project designer and project monitor;

(23) "Management planner" means any licensed asbestos consultant who is certified as a management planner and who uses data gathered by asbestos inspectors to assess asbestos hazards, determine responses and develop implementation plans;

(24) "NESHAP" asbestos regulations means the National Emission Standards for Hazardous Air Pollutants codified at 40 CFR 61, subpart M;

(25) "Non-friable asbestos-containing material" means any material containing more than one percent asbestos that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure;

(26) "OSHA" means the Occupational Safety and Health Administration of the United States Department of Labor;

(27) "Person" means any individual, corporation, partnership, firm, association, sole proprietorship, the State of Connecticut or any of its political subdivisions, or any other entity;

(28) "Project designer" means any licensed asbestos consultant who is certified as a project designer and who determines how asbestos abatement work shall be conducted and prepares the plans, designs, procedures, workscope or other substantive direction or criteria for abatement projects;

(29) "Project monitor" means any licensed asbestos consultant who is certified as a project monitor and who functions as an on-site representative of the facility owner or other persons by over-seeing the activities of the asbestos abatement contractor;

(30) "Response action" means a method, including removal, encapsulation, enclosure, repair and operation and maintenance that protects human health and the environment from ACM;

(31) "Spot repair" means any asbestos-abatement activity involving not more than three linear feet or three square feet of asbestos-containing material; and

(32) "TSCA" means Title II of the Toxic Substances Control Act, 15 U.S.C. § 2641 et seq.

(Effective February 9, 1989; Transferred and AmendedJune 4, 1999; Amended April 5, 2001)